Patents have long been regarded as the 'gold standard' of intellectual property protection. In "Little patents and big secrets: managing intellectual property", Anton and Yao (2004) call this traditional view into question by finding that firms keep their most important innovations secret. This...

Open innovation is the subject of increased scholarly debate. A lot of attention has thereby been paid to firm-centered open innovation, characterized by a for-profit motive and the interplay between patents and contracts, resulting in restricted openness. Inspired by the increasing call for...

Designing around patents is prevalent but not often appreciated as a means by which patents promote economic development through competition. We provide a novel detailed empirical study of the extent and timing of designing around patent claims. We study the filing rate of incandescent...

At the start of the Industrial Revolution, patentees created many novel and complex transactions to commercialize their property: they maximized their profits through sophisticated agreements that imposed restrictions on manufacturing, sales, and other uses of their inventions. When these...

At the beginning of the nineteenth century, all countries having patent systems required patentable inventions to be both new and useful. Now those two fundamental requirements have been joined by a third: Patentable inventions must also be nonobvious. The nonobviousness requirement is...

The genetics community is increasingly concerned that patents might lead to restricted access to research and health care. We explore various measures that are designed to render patented genetic inventions accessible to further use in research, and to diagnosis and/or treatment. They include...

We analyze optimal patent design when innovators can rely on secrecy to protect their innovations. Secrecy provides a temporary monopoly, which terminates when the secret leaks out or the innovation is duplicated. We find conditions under which the optimal policy is to induce the first innovator...

Software differs from other electromechanical technologies because of the unique process by which software programs are invented. In particular, software developers create novel executable software programs, which are components of a computer, by conceiving of and specifying such programs solely...

Psychology studies have for some time shown that, as humans, we tend to recognise the ownership of ideas and that the unauthorised use of others’ ideas is frowned upon (Olson and Shaw, 2011). Morally, a person is often said to have a natural right to the product of their brain (Vaver, 1990)....

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject...